Overture Services, Inc. v. Google Inc.

Filing 116

Declaration of Ravind S. Grewal in Support of 115 Google's Responsive Claim Construction Brief filed by Google Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17# 18 Exhibit 18# 19 Exhibit 19# 20 Exhibit 20# 21 Exhibit 21# 22 Exhibit 22# 23 Exhibit 23# 24 Exhibit 24# 25 Exhibit 25# 26 Exhibit 26# 27 Exhibit 27# 28 Exhibit 28# 29 Exhibit 29# 30 Exhibit 30)(Related document(s) 115 ) (Grewal, Ravind) (Filed on 1/30/2004)

Overture Services, Inc. v. Google Inc.

Doc. 116 Att. 4

Case 3:02-cv-01991-JSW

Document 116-5

Filed 01/30/2004

Page 1 of 3

EXHIBIT 4

Dockets.Justia.com

Case 3:02-cv-01991-JSW

Document 116-5

Filed 01/30/2004

Page 2 of 3

HellerEhrman
January 20 , 2004

RECE~\lED
J!H~ 2 1 2004

KEKEH & VAN NEST

Via Facsimile and First Class Mail

Andrew C. Byrnes AByrnes~hewm. com Direct [phone] Main [phone]
Fax [phone]

05392. 0150

Daralyn Durie, Esq.

Keker & Van Nest, LLP. 710 Sansome Street San Francisco , CA 94111- 1704

Re:

Overture Services,

Inc. v. Google Inc.

Dear Ms. Durie:

I write to inform Google that Overture, upon further thought, has revised its proposed constructions of two claim terms: "search listing" and "search list result." We will revise the joint claim construction statement accordingly.
Search Listing: Overture s revised proposed construction is " a collection of information that can be included in a search result list and which may be paid or unpaid. " As Google advocated, Overture has omitted the phrase "that includes at least one search term from its construction. In addition, to clarify for the jury the unobjectionable proposition that a listing may be paid or unpaid, we have added "which may be paid or unpaid" to our definition. We hope that these changes will moot any dispute between the parties regarding this term.
Search Result List: Overture s revised proposed construction is " a series of search listings that is obtained as a consequence of the examination of data. " Upon further thought and review of the relevant dictionary definitions , Overture has come to agree with Google that a "series" of listings accords better with the ordinary meaning of "list" than a "set" of listings. In addition , OvertUre believes that the "obtained as a consequence of the examination of data" better adheres to the dictionary definitions of " search" and "result " and moots Google s concern that Overture s previously proposed construction would be confusing to the jury.

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Case 3:02-cv-01991-JSW

Document 116-5

Filed 01/30/2004

Page 3 of 3
Daralyn Durie, Esq. January 20, 2004
Page 2

Heller Ehrman

Please do not hesitate to contact me if you have questions regarding the above.
Sincerely yours

();n~ L'
Andrew C. Byrnes

6tr~t-/'
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cc:

Jason White, Esq. (by fax)